Civil Process Operations

Performance Outcome 4.1.

Serve civil process and/or make proper return.

Training Objective Related to 4.1.

1. Given a written and/or practical exercise, identify different types of civil process, the proper service of each, the required return of service, and officer safety procedures.

Criteria: The trainee shall be tested on the following:

4.1.1. Define civil process.

4.1.2. Define the purpose of civil process.

4.1.3. Identify who may legally serve civil process.

4.1.4. Identify the daily procedure for obtaining civil process papers from the courts.

4.1.5. Identify other sources from which a Sheriff may receive civil papers for service.

4.1.6. Identify days on which civil process papers may not legally be served.

4.1.7. Identify officer safety procedures to utilize in serving civil process.

4.1.8. Identify persons exempt from civil process service.

4.1.9. Identify the three (3) ways service upon a natural person may be accomplished.

4.1.10.Define the following legal papers:

4.1.10.1. Attachment

4.1.10.2. Subpoena for the production of documents/Subpoena Duces Tecum

4.1.10.3. Distress warrant

4.1.10.4. Garnishment

4.1.10.5. Motion for judgment

4.1.10.6. Notice for motion for judgment (distinguish between general district court and circuit court versions)

4.1.10.7. Protective Order

4.1.10.8. Show Cause Summons

4.1.10.9. Summons for Unlawful Detainer

4.1.10.10. Summons to Answer Interrogatories (general district court; circuit court to be covered in OJT)

4.1.10.11. Warrant in Debt

4.1.10.12. Warrant in Detinue

4.1.10.13. Witness Subpoena

4.1.10.14. Writ of Fieri Facias

4.1.10.15. Writ of Possession in Unlawful Detainer

4.1.10.16. Writ of Possession and Fieri Facias in Detinue

4.1.11. Identify types of process requiring personal service.

4.1.12. Identify time period for return after process is served.

4.1.13. Identify the period of time permitted by law for the execution of the following papers:

4.1.13.1. Attachment

4.1.13.2. Distress warrant

4.1.13.3. Garnishment summons

4.1.13.4. Writ of fieri facias

4.1.13.5. Writ of possession in Unlawful Detainer

4.1.13.6. Writ of possession and Fieri Facias in Detinue

4.1.14. Define the information that must be included on a return of process by the Deputy.

4.1.15. Identify the penalty for failing to make a return or making an improper return.

Lesson Plan Guide: The lesson plan shall include the following:

1. Definition of civil process. Civil process is the method by which citizens may seek a legal action from the courts for an activity in which they are somehow involved. Process is also a means whereby a court enforces obedience to its orders. Process is termed:

a. Original, when it is intended to compel the appearance of the defendant.

b. Mesne, when issued pending suit to secure the attendance of jurors and witnesses.

c. Final, when issued to enforce execution of a judgment.

2. Purpose of civil process:

a. To provide timely notice to person(s) or legal entities of pending legal action in which they are somehow involved.

b. To serve notice of the pending legal action in accordance with the law as it pertains to the particular legal document required by the specific legal action.

3. Who may legally serve civil process:

a. Any Sheriff or Deputy Sheriff

b. Any person eighteen (18) years of age or older who is not a party to, and has no interest in the controversy may serve civil process. (§8.01-293)

c. Police and High Constable and Treasurer

4. Procedure for obtaining civil process papers from the courts daily:

a. Every court served by a Sheriff’s office must be contacted daily to determine if there are any civil process papers to be served.

b. Contact by telephone is permissible but should be made only with a regular employee of the clerk of the courts office. (§8.01-294)

5. Identify other sources from which a Sheriff may receive civil process papers for service. Civil process papers may come from any court in the Commonwealth and may be directed to any Sheriff of, and executed in any county, city or town in the Commonwealth. (§8.01-292) Any civil papers that come to the hand of the sheriff in a lawful manner shall be served in accordance with Title 15.2.

6. Identify days on which civil process may not be legally served (§2.2-3301; 8.01-289).

7. Identify officer safety procedures to utilize in the service of process:

a. Identify potential safety concerns through clues that may be present on papers to serve. (ex. Vicious dog suit, violent divorce action)

b. Identify possible need for backup if you suspect service may generate high emotions or violence. (ex. Removing child from home, domestic, evictions)

c. Identify steps to be taken prior to service:

1. Park vehicle for easy access, cover, or escape (if necessary).

2. Prior to exiting vehicle at the scene, carefully scan the area to check for any threats or hazards to your safety.

3. Notify with the dispatcher giving location in cases where you expect problems.

4. Focus on the house and curtilage as you approach the residence paying particular attention to the doorways and windows and others persons.

5. Carry the process somewhere that it cannot be seen from the residence and it will not interfere with your hands.

6. When you reach the door do not stand directly in front of the door or in front of any windows. Stand by the frame of the door on the doorknob side. If possible keep the windows around or in the door under constant surveillance and listen for noises coming from inside the residence.

7. When the door is opened be ready to evade or counter any threat that may present itself.

8. Always be alert and expect the unexpected.

8. Identify persons exempt from civil process service. (§8.01-327.2)

9. Identify three (3) ways that service upon a natural person may be accomplished:

a. Personal service: Actual handing of the process paper to the person named therein. If a person refuses to accept service, the process paper may be dropped at his feet and the officer’s return of service will indicate that personal service was made and reflect such service.

b. Substitute service on a family member: The Deputy must ensure that the person served is:

1. A member of the family (husband, wife, parent, child, brother, or sister)

2. A regular member of the household sixteen (16) years of age or older

3. Explained the nature of the civil process papers being served

4. The person served must live at the address where service is made

c. Posting on the door: Attach the civil process papers to a door that appears to be the normal entry of the abode of the person named in the process:

1. Use methods that do not cause damage to the door such as a hanging paper or plastic bag or a rubber band to attach the civil process papers to the door.

2. The date of posting and manner in which it was served should be noted on the process posted and on the return of service.

10. Define the following legal papers and their purpose:

a. Attachment

b. Subpoena for the Production of Documents/Subpoena Duces Tecum

c. Distress Warrant

d. Garnishment

e. Motion for Judgment

f. Notice of Motion for Judgment (distinguish between general district court and circuit court versions)

g. Protective Order

h. Show Cause Summons

i. Summons for Unlawful Detainer

j. Summons to Answer Interrogatories

k. Warrant in Debt

l. Witness Subpoena

m. Writ of Possession in Unlawful Detainer

n. Writ of Fieri Facias

o. Writ of Possession and Fieri Facias in Detinue

11. Identify types of process requiring personal service:

a. Out of state process

b. Capias

c. Show Cause Order (generally) not required as personal service in COV

d. Protective Order

e. Injunctions

f. Attachment Summons on Co-defendant (business)

g. Garnishment Summons on Co-defendant (business)

h. Process for any person who is a party to the suit being served at a place of business/employment

i. Officer (or management personnel) of the corporation when the corporation is the defendant

j. Registered agent of a corporation

k. Partner (when an action is against the partnership)

l. Officers and agent of unincorporated orders, associations and common carrier

12. Identify time period for return of service after process is served. Return of service must be made to the court no more than 72 hours after service is completed. (§8.01-294)

13. Identify the time period permitted by law for the execution of civil process for the following papers:

a. Attachment – 30 days from date of issuance. (§8.01-541, 8.01-559)

b. Distress warrant – 90 days from date of issuance. (§55-237) Repealed 10-1-2019 (§8.01-130.13)

c. Garnishment summons – 90 days to the issuing court, whether the court be general district or circuit (§8.01-514), 180 days for wage garnishments

d. Summons for unlawful detainer – 10 days before the return date. (§8.01-126)

e. Indemnifying bonds – 21 days to the circuit court with jurisdiction over the location in which the property resides. (§8.01-368)

f. Writ of Fieri Facias – 90 days to the court from which it was issued. (§16.1-99), 180 days for wage garnishments

g. Writ of possession and Fieri Facias in detinue – 90 days from the date of issuance to the court from which it was issued.

h. Writ of possession in unlawful detainer – 30 days from date of issuance.

i. Sales – sale made under any order, warrant or process, and no particular time for return is designated, return shall be made forthwith. (§8.01-499)

14. Identify information that must be included on a deputy’s return of process: 

a. That the process was served

b. That the service was in accordance with the law and court procedure (§8.01-325)

c. That the return was executed by the deputy sheriff who served the process and is noted on the original copy of the process

d. The Deputy must sign his name and the Sheriff’s name to the return

e. The date and time service was made must be noted

f. The manner of service, personal or substitute, must be indicated

g. The return must include the following when substitute service is made:

1. The person named in the process was not at his regular place of abode.

2. The person served was at the regular place of abode and was not a temporary visitor or guest.

3. The relationship to the person named as a recipient on the process.

4. That the person served was sixteen (16) years of age or older.

5. That the nature of the process was explained to the person on whom it was served.

6. When substituted service is effected by posting or left with a member of the family, the original and the copy left should bear a notation as to the date and manner in which it was served. (§8.01-296, §8.01-325)

15. Penalty for failing to make a return or making an improper return. The officer may be subject to a fine, having a judgment rendered against him, or other penalty. (§16.1-101)

Performance Outcome 4.2.

Halt civil process proceedings due to bankruptcy.

Training Objective Related to 4.2.

1. Given a written and/or oral exercise, identify the procedure for halting civil process proceedings due to bankruptcy.

Criteria: The trainee shall be tested on the following:

4.2.1. Define bankruptcy.

4.2.2. Identify who may file bankruptcy.

4.2.3. Identify the four (4) different types of bankruptcy.

4.2.4. Identify debts that are not affected by bankruptcy.

4.2.5. Identify the procedure for an officer to follow when serving  civil process and the debtor advises that he has filed for bankruptcy.

Lesson Plan Guide: The lesson plan shall include the following:

1. Define bankruptcy. Bankruptcy is a proceeding under federal law in which a person or business declares themselves unable to meet existing obligations and:

a. Petitions the bankruptcy court to take what assets they have and distribute them among creditors and then cancel any unsatisfied portion of those obligations. (Chapter 7)

b. Petitions the court to allow them time to reorganize in the prospect of being able to meet their obligation in a reasonable period, but be excused from making payments of those obligations during the reorganization time frame. (Chapter 13 and 11)

2. Who may file bankruptcy:

a. Any person or business that resides in, does business in, or has property in this country may file bankruptcy.

3. The four types of bankruptcy:

a. Chapter 7 pertains to a personal debtor

b. Chapter 11 pertains to a business

c. Chapter 13 is similar to Chapter 11 but involves personal reorganization as opposed to business reorganization

d. Chapter 12 is utilized by farmers, primarily in rural areas and the Midwest

4. Debts not affected by bankruptcy:

a. Fines against debtor for criminal action

b. Alimony payments

c. Maintenance or support payments, school loans, debts obtained through fraudulent acts and taxes

5. Procedure for halting proceedings due to bankruptcy:

a. Bankruptcy supersedes civil claims against a debtor since it is a federal action.

b. Mere filing for bankruptcy is not an automatic guarantee that the debtor’s petition will be accepted by the court.

c. Sheriff should ask to see the debtor’s claim of debtor acceptance by the Federal Bankruptcy Court.

d. If the debtor is unable to provide appropriate documentation, the Sheriff should:

1. Seek immediate legal counsel with the Commonwealth, City or County.

2. Serve the process or make the levy to protect the plaintiff’s interest in the civil action, then seek immediate legal counsel.

Performance Outcome 4.3.

Notify jurors for potential jury service when assigned.

Training Objective Related to 4.3.

1. Given a written and/or oral exercise, identify the steps related to juror notification.

Criteria: The trainee shall be tested on the following:

4.3.1. Summoning a juror:

4.3.1.1. Regular jury summons

4.3.1.2. Grand jury summons

4.3.2. Excusing a juror from service

4.3.3. Notification to jurors regarding rescheduling/cancellation of trials after having been summoned for a particular term

Lesson Plan Guide: The lesson plan shall include the following:

1. Summoning a juror:

a. A potential juror is summoned using the rules of service of process upon natural persons.

b. A potential juror is served at the place of employment.

c. A potential juror is served by leaving a copy of the summons with the person in charge at the potential juror’s place of employment.

d. A potential juror is served by mailing a copy of the summons to the juror at least 7 days prior to the date the juror must appear. (§8.01-298)

e. Grand jury summonses.

2. Excusing a juror from service:

a. No sheriff or any of his personnel may lawfully excuse a juror.

b. Potential jurors must contact the court if they feel they have a lawful basis for dismissal from jury service.

c. Only the judge may lawfully excuse a potential juror.

3. Notification to jurors of rescheduling/cancellation of trials after having been summoned for a particular trial. Once initially summoned, jurors may be notified by telephone of rescheduling/cancellation of trials:

a. Juror questions regarding term of service, where to report, date and time to report, proper attire, and who to contact in case of an emergency should be answered.

b. Jurors should be advised regarding any hotline numbers the court may utilize that they may call to check on the cancellation or rescheduling of trials.

Performance Outcome 4.4.

Execute levies.

Training Objective Related to 4.4.

1. Given a written or practical exercise, identify the steps involved in executing a levy.

Criteria: The trainee shall be tested on the following:

4.4.1. Define levy.

4.4.2. Define Writ of Fieri Facias.

4.4.3. Identify the steps to be taken by a deputy when a Writ of Fieri Facias is received.

4.4.4. Identify the steps to be taken by a deputy when several Writs are received on the same day.

4.4.5. Identify what property may be levied and/or seized under a Writ of Fieri Facias and when this must be done.

4.4.6. Identify types of bonds.

4.4.7. Identify methods to determine the value of property to be levied.

4.4.8. Perform basic math functions to determine total amount of property to be levied in a case scenario.

4.4.9. Identify the steps involved for a Sheriff’s sale.

4.4.10. Identify information to be gathered related to animals on the premises prior to a levy.

4.4.11. Identify information to communicate to the defendant during and following a levy.

Lesson Plan Guide: The lesson plan shall include the following:

1. Define a levy - A levy is the act of a sheriff in subjecting a property to the satisfaction of a court judgment.

2. Define a Writ of Fieri Facias - A Writ of Fieri Facias is a legal document issued by the court that commands the deputy to make money out of the goods and chattels of the person against whom the judgment has been rendered. (§8.01-474)

3. Identify the steps to be taken by the deputy when a Writ of Fieri Facias is received:

a. Endorse on each Writ of Fieri Facias the date and time it was received.

b. Note the date and time the tangible personal property of each debtor has been levied.

c. Leave a copy of the Writ where the levy was made on each judgment debtor or other responsible person at the premises. If no such person is present, the Writ shall be posted on the front door of such premises. (§8.01-487.1)

4. Identify the steps to be taken when several Writs are received on the same day:

a. That which was first delivered to the deputy, though two or more shall be received on the same day, shall be first levied and satisfied and

b. When several such executions are delivered to the deputy at the same time they shall be satisfied ratably. (§8.01-488)

5. Ensure officer safety when entering a premise to conduct a levy or seize property under a Writ of Fieri Facias:

a. Do not hesitate to call for backup.

b. Inform dispatch of your location and situation.

c. Request assistance from animal control authorities when the situation warrants.

6. Identify what property may be levied on or seized under a Writ of Fieri Facias:

a. Current money and bank notes.

b. Goods and chattel of the judgment debtor, except those exempt under Title 34-26 and Title 34-4. (Reference Poor Debtor’s Act and the Homestead Act).

7. Identify when property may be seized under a Writ of Fieri Facias.

8. Bond issues:

a. A deputy seizing property in the course of a legal action may require that the party initiating the action provide a bond sufficient to protect the deputy (and the interest of all other parties in the action) against all costs and claims that may result from the seizure. §8.01-367.

b. Identify the plaintiff’s responsibility to obtain bond that must be double the amount of the levy.

c. Forthcoming bond: also known as defendant’s bond. This is a bond posted by the defendant.

d. Suspending bond: also known as a 3rd party bond. This is a bond that covers any 3rd party’s interest in the case.

9. Determine the value of property to be levied:

a. The deputy is to make every effort to value property at fair market value and may use the following resources to assist in this:

1. National Automobile Dealers Association (NADA) Books (for vehicles and boats)

2. American Insurance Association

3. Personal Property Tax Records

4. Pawn Shop Blue Books

5. Replacement cost estimates

6. Appraisal lists by experts

7. Insurance adjusters

b. The deputy is under the obligation to levy sufficient property of debtor to reach the amount of the judgment or make notation that the amount of the property is insufficient to reach the judgment.

c. The deputy in no case shall make an unreasonable levy.

10. The deputy shall perform basic math functions that demonstrate knowledge of how to determine the total amount of property to be levied:

a. The deputy must be able to use basic math skills to compute payoff amounts and figure interest on levies.

b. In a case scenario, the deputy shall demonstrate the ability to figure partial year interest by division and multiplication to achieve daily rates and then figure interest for a set amount of days.

11. Identify the steps for a Sheriff’s sale:

a. Deputy shall fix date, time and place for sale.

b. Deputy shall post notice at least 10 days before the date of the sale at some place near the residence of the owner of the property and two or more public places in the city or county official places of business. (§8.01-492)

c. Sale shall be to the highest bidder for cash.

d. Sale may be adjourned from day to day if not completed on set day. (§8.01-493)

e. Any surplus monies remaining after satisfying the execution, such surplus shall be repaid to the debtor. (§8.01-495 and 8.01-373)

f. Deputy handling the sale must make return (accounting thereof) forthwith to the clerk of the court. (§8.01-499)

Instructor Note: Advise trainees that employees of a city, town or county may not bid on nor purchase items at a sheriff’s sale of the city, town, or county of which they are an employee.  Class 1 misdemeanor. (§8.01-498)

Performance Outcome 4.5.

Serve eviction notices.

Training Objective Related to 4.5.

1. Given a written and/or practical exercise, identify the types of notice given an evictee and the method of service.

Criteria: The trainee shall be tested on the following:

4.5.1. Define a 5-day/30-day Notice and identify methods of service.

4.5.2. Define a Summons for Unlawful Detainer.

4.5.3. Define a Writ of Possession in Unlawful Detainer.

4.5.4. Identify Sheriff’s obligation to give notice to the tenant.

4.5.5.Identify Sheriff’s obligation to coordinate the eviction with the landlord before the eviction is scheduled.

4.5.6. Deputy safety considerations:

4.5.6.1. Importance of gathering information prior to eviction

4.5.6.2. Use of available backup deputies

4.6.6.3. Interagency communications

4.5.6.4. Command presence

4.5.6.5. Communication skills to minimize antagonistic responses

4.5.6.6. Appropriate escalation/de-escalation regarding use of force

4.5.6.7. Use of restraint procedures if necessary

4.5.6.8. Effecting an arrest if necessary

Lesson Plan Guide: The lesson plan shall include the following:

1. Five-day/30-day notice:

a. Five-day notice is a notice that is given to tenants when the rent is in arrears. A five-day notice is not prepared by the court, but either by the landlord or his attorney:

1. A five-day notice may be served upon the tenant by the Sheriff, presented to the tenant by the landlord, or mailed to the tenant by the landlord by registered or certified mail.

2. Service of a five-day notice is in accordance with the rules for service of process on a natural person if served by the Sheriff.

3. A copy of the notice should be served on all defendants involved.

4. Sheriff makes his return on the original copy and gives it to either the landlord or his attorney.

b. A 30-day Notice starts the official eviction process due to a breach of some condition of the lease.

2. Summons for Unlawful Detainer - This is an action taken by the court to summon the defendant (tenant) to appear in court for a hearing:

a. This summons covers the legal process for any situation in which the house, land or tenement is unlawfully detained by the person(s) in possession thereof.

b. The summons may be issued by the judge, magistrate or clerk.

c. The tenant has a right to appeal within ten days the judgment of the district court.

3. Writ of Possession in Unlawful Detainer - This Writ is an after judgment action from the court:

a. The Writ gives the Sheriff the authority to remove the tenant and his belongings from the premises, restoring possession of the premises to the landlord.

b. The tenant has a right to appeal within ten days the judgment of the district court. If tenant has been delinquent more than once in a year, the landlord may ask for immediate possession.

4. Notice to Tenant - The Sheriff must give written notice to the tenant as to the date and time of the eviction at least 72 hours before the eviction is to take place:

a. This notice is prepared by the Sheriff; it is not furnished by the court.

b. Three - five days notice is deemed sufficient, but is in accordance with the code of Virginia §8.01-470 or 471.

c. The date and time may be reset by the Sheriff due to inclement weather or other unforeseen circumstance.

5. Coordination with the Landlord:

a. The Sheriff must coordinate the eviction with the landlord to ensure the landlord is prepared to remove the tenants’ possessions from the premises if necessary.

b. The Sheriff may cancel the eviction if the landlord fails to make such preparations or otherwise comply with the conditions imposed regarding the eviction.

6. Deputy safety considerations:

a. Importance of gathering information prior to eviction:

1. Check for information regarding a prior history of violence at the residence or if outstanding warrants are on file:

a. Ask other deputies and check with 9-1-1 communications to see if residence has been flagged for disturbances.

b. Ask if landlord has made any complaint regarding violence.

2. Identify any and all subjects that may be a party to the eviction.

3. Ask if the tenants have made any threats prior to the eviction.

4. Identify if there are any known animals on the premises prior to the eviction and determine if there is a need to request assistance from local animal control authorities (check department policy).

b. Use of available backup deputy(s), If needed, request backup deputies to assist in proportion to the level of threat determined by the information gathered.

c. Interagency communication:

1. Advise your agency regarding the exact location of the residence and the type of order the deputy is executing.

2. Advise 9-1-1 communications if the level of threat is high and request frequent deputy safety checks after arrival at the residence.

d. Command presence: Most citizens recognize the authority of the uniform and badge and will follow the instructions of the deputy that are delivered in a straightforward, no-nonsense manner that is professional and courteous.

e. Communication skills that minimize antagonistic responses: Some people will use vulgar language to a deputy. Vulgar language may be used as a defense by the person using it to try and retain some sense of ownership in a situation that is probably breaking them down. It may also be used to try and provoke a deputy into a physical confrontation. DO NOT ALLOW ANOTHER PERSON’S LANGUAGE TO PROVOKE YOU. Keep control of your voice level and tone. You may respond with a phrase such as “This type of situation isn’t easy for anyone, but you need to follow my instructions to vacate this property.” Repeat instructions in a controlled, professional manner.

f. Appropriate escalation/de-escalation regarding use of force: If verbal attempts to calm people and direct them regarding the eviction do not work, the deputy may be physically assaulted. Should a person physically assault a deputy in any manner, use any appropriate defensive tactics moves to protect yourself and/or assist another deputy being assaulted:

1. De-escalate the situation as quickly as possible using restraint procedures.

2. Determine if there are any weapons on the premises and secure same until the conclusion of the execution of process.

g. Restraint procedures: Depending on the situation, the deputy may physically restrain a person until the person calms down and agrees to behave appropriately or may have to handcuff a person to restrain him or her. Individuals may need to be separated so that order may be restored. Individuals may need to be physically removed from the premises for the eviction to proceed.

h. Effecting an arrest: Should an individual fail to comply with the instructions of the deputy or engage in unlawful behavior, the deputy may arrest the individual following all procedures for an arrest without a warrant.

Instructor Note: Advise trainees to identify agency policy and procedures for eviction when an outstanding warrant exists.

Performance Outcome 4.6.

Oversee removal of physical property of evictee from premises.

Training Objective Related to 4.6.

1. Given a written and/or oral exercise, identify factors to consider in overseeing removal of physical property of evictee from premises.

Criteria: The trainee shall be tested on the following:

4.6.1. Legal authority to break and enter.

4.6.2. Removal of defendant’s property.

Lesson Plan Guide: The lesson plan shall include the following:

1. Legal authority to break and enter: (Code of Virginia §8.01-470)

a. Under Writ of Possession in Unlawful Detainer, the officer has the authority to break and enter in the daytime after notice has been given to the tenant (if he be on the premises) to restore possession to the landlord.

b. Entry may be made with a key if the landlord has one in possession.

c. A locksmith may be obtained to effect entry.

2. Review of property before eviction:

a. Walk through the property to observe for animals who may need care and arrange for removal prior to locking up property.

b. Observe for weapons or illegal items on premises. Secure weapons in trunk of car until legal ownership can be established. Secure any illegal items and notify supervisor for appropriate action to be taken in accordance with department policy.

3. Removal of defendant’s property:

a. Property must be deposited at nearest public way.

b. Tenant has the right to remove his property from the public right of way during the twenty-four (24) hour period after eviction.

c. After twenty-four (24) hours the landlord shall remove or dispose of any personal property remaining in the public way.

d. At the landlord’s request, the Sheriff shall cause the personal property to be placed in a storage area designated by the landlord, which may be the dwelling unit. The tenant then may remove his belongings from the designated area at reasonable times during the twenty-four (24) hours after the eviction, or at such other reasonable times until the landlord has disposed of the property therein.

Performance Outcome 4.7.

Observe to identify behaviors that may indicate any medical/mental health situation and use communication skills that assist in this situation.

Training Objective Related to 4.7.

1. Given a written or practical exercise, identify behaviors that may signal a medical or mental health condition.

2. Given a written or practical exercise, identify communication skills that assist in medical or mental health situations.

Criteria: The trainee shall be tested on the following:

4.7.1. Observe subject(s) behavior and conduct interview to determine deception, deceit, and manipulation.

4.7.2. Observe subject(s) for signs of drug, alcohol or other substances.

4.7.3. Identify abnormal and/or suspicious behavior of subject(s):

4.7.3.1. Identify signs of abnormal behavior or dementia/Alzheimer’s disease

4.7.3.2. Identify possible danger to a deputy from subject/arrestee/citizen behaving abnormally

4.7.3.3. Identify appropriate action to be taken related to abnormal behavior observed

4.7.3.4. Identify procedures to follow to take into involuntary custody a person displaying behavior that gives the deputy probable cause to believe that mental illness exists using the appropriate Code of Virginia requirements.

4.7.4. Identify subject(s) who appear to be afraid of being victims of an assault and/or manipulation.

4.7.5. Identify signs and symptoms of suicide:

4.7.5.1. Notify supervisor and request appropriate resources.

4.7.5.2. Maintain a safe position while communicating with person and observe for weapons and the need for universal precautions in case of biohazards.

4.7.5.3. Document all proceedings.

Lesson Plan Guide: The lesson plan shall include the following:

1. Behaviors that may signal a medical or mental health condition:

a. Observe subject(s) behavior and conduct interviews to recognize/determine deception, deceit, and manipulation.

b. Observe subject for signs of drug, alcohol or other substances.

c. Identify abnormal and/or suspicious behavior or citizen.

d. Examples of abnormal behaviors or dementia/Alzheimer’s Disease of citizen:

1. Disorders commonly responsible for abnormal behavior:

a. Bipolar disorder

b. Schizophrenia

c. Severe depression

d. Suicidal tendencies

e. Alzheimer’s/dementia

f. Autism

g. Mentally challenged

e. Abnormal behaviors and physical signs that may be observed by deputy:

1. The mannerisms displayed by someone who is bipolar:

a. Mood swings

b. Delusions of greatness/grandeur

c. Rapid speech

2. The mannerisms displayed by someone who has schizophrenia:

a. Hearing voices

b. Seeing others not there in reality

c. Delusions

3. The mannerisms displayed by someone who is severely depressed:

a. Going from talkative to quiet

b. Giving away their personal effects

c. Extreme sadness

d. Excessive sleeping

e. Noncompliance with rules

f. Neglect of personal hygiene

4. The mannerisms displayed by someone who has suicidal tendencies:

a. Same as for depression

b. Talking of taking his/her life

c. Hoarding of medications

d. Attempts at suicide

5. The mannerisms displayed by someone who has Alzheimer’s Disease:

a. Usually elderly

b. “Forgetfulness”

c. Not understanding their situation

d. Physical behaviors such as pacing, problems with walking or mobility, wandering, poor eyesight, etc.

6. The mannerisms displayed by someone who is autistic:

a. Non-verbal

b. Echolalia

c. Unnatural use or association of items

d. The strange verbal noises uttered

e. The need for uniformity and a regular routine

f. The inability to meet personal needs

7. The mannerisms displayed by someone who is intellectually challenged:

a. Low IQ evident in verbal and written commands

b. Misunderstanding even simple commands

c. Not able to do even simple tasks

d. Not able to meet personal needs

f. Possible danger to officer from people behaving abnormally.

g. Appropriate sources and types of information useful in assessing subject(s) behavior.

h. Importance of seeking help for subject(s) suffering from an emotional crisis.

i. Appropriate action to be taken related to abnormal behavior observed.

j. Communicate any statements or behavioral observations that indicate danger to other officers and dispatch.

k. Monitor those in your custody who exhibit abnormal behavior to ensure their safety and the safety of others.

2. Take into involuntary custody a subject displaying behavior that gives the deputy probable cause to believe that mental disability exists using the appropriate Code of Virginia requirements:

a. Identify and be able to articulate conditions that assist mental health evaluators in an emergency custody order.

b. Identify and be able to articulate conditions for a temporary detention order.

c. Identify procedures for obtaining an emergency custody order or temporary detention order.

d. Identify procedure for securing, searching, and transporting subject(s) who meets the criteria of an emergency custody order of temporary detention order.

3. Identify subject(s) who are afraid of being victims of an assault or manipulation.

4. Identify signs and symptoms of suicidal behavior:

a. Notify supervisor and request appropriate resources.

b. Maintain a safe position while communicating with person and observe for weapons and need for universal precautions in case of biohazards:

1. Try to calm down the person

2. Try to identify problems

3. Try to intervene with person as much as possible

4. Suggest resources for the person to help solve the problems

c. Document all proceedings.

Performance Outcome 4. 8.

Administer cardio-pulmonary resuscitation (CPR) and basic first aid.

Training Objectives Related to 4. 8.

1. Successfully complete an approved course for cardio-pulmonary resuscitation (CPR).

2. Successfully complete an approved course for basic first aid.

3. Demonstrate ability to assist a person to prevent falling, move the person to a place of safety and support the person to a safe position.

4. Successfully complete an approved course for using an automatic external defibrillator (AED).

Criteria: The trainee shall be tested on the following:

4.8.1. Testing provided by approved CPR course provider

4.8.2. Testing provided by approved basic first aid provider.

4.8.3. Assisting a person to prevent falling, move the person to a place of safety if needed, and support the person to a safe position.

4.8.4. Testing provided by an approved automatic external defibrillator (AED) course provider.

Lesson Plan Guide: The lesson plan shall include the following:

1. An approved course for cardio-pulmonary resuscitation.

2. An approved course for basic first aid that covers the following at a minimum.

3. Assist a person to prevent falling, move the person to a place of safety and support the person to a safe position:

a. Protecting head and shoulders of person to the extent possible

b. Use of upper body strength

c. Use of base strength (hip and legs)

d. Use of torso/trunk strength (back and abdomen)

4. An approved course for using an automatic external defibrillator (AED).

Instructor Note: Approving entities for First Aid/CPR instruction include the American Heart Association, American Red Cross, Virginia Department of Health, National Safety Council, American Safety & Health Institute, or a program approved by the Operational Medical Director of a local Emergency Medical Services (EMS) provider.

Performance Outcome 4.9.

Interact with the public with awareness of deputy safety.

Training Objective Related to 4.9.

1. Given a written and/or practical exercise, identify and demonstrate deputy safety procedures during interactions with the public in civil process situations.

2. Given a written and/or practical exercise, identify the steps to take persons into custody for current or outstanding criminal charges.

Criteria: The trainee shall be tested on the following:

4.9.1. Deputy safety considerations when interacting with the public:

4.9.1.1. Examine physical condition of the subject to determine any need for medical attention.

4.9.1.2. Identify high risk subject(s) such as medical, mental, suicidal, and violent/ disruptive persons.

4.9.1.3. Request assistance or provide assistance (backup) to control violent or unruly citizens/arrestees.

4.9.1.4. Identify methods to secure the scene when a critical incident has occurred.

4.9.2. Identify the steps for taking persons into custody for current or outstanding criminal charges:

4.9.2.1. Serve or execute return of service for any court document.

4.9.2.2. Conduct a full search of a subject/arrestee for weapons and contraband and document chain of custody for evidence.

4.9.2.3. Summon medical staff for body cavity search.

4.9.2.4. Search and inventory any personal property and issue receipt.

Lesson Plan Guide: The lesson plan shall include the following:

1. Deputy safety considerations when supervising subject(s)/arrestee(s) in court:

a. Examine the physical condition of the subject to determine any need for medical attention.

b. Identify high risk subject(s) such as medical, mental, suicidal, and violent/disruptive persons.

c. Identify the steps needed to request assistance or provide assistance (backup) to control violent or unruly citizens/arrestees in accordance with deputy safety procedures.

2. Take persons into custody for current or outstanding criminal charges:

a. Explain and execute warrant on person to be taken into custody.

b. Place arrestee in restraints.

c. Move arrestee immediately from courtroom to secure area.

d. Perform full search of an subject/arrestee for weapons and contraband and document chain of custody for evidence per department policy.

e. Summon medical staff for body cavity search, if needed.

f. Inventory personal property, issue receipt and secure property.

g. Notify appropriate staff to have arrestee transported to jail.

Instructor Note: Advise trainees that a recommendation may be made by the sheriff’s office regarding special security needs, i.e. restraints, extra staff, etc.

 

Performance Outcome 4.10.

Identify applicable laws, definitions and background information related to terrorism.

Training Objectives Related to 4.10.

1. Given a written exercise, define terrorism according to Title 18 U.S.C and applicable laws in the Code of Virginia.

2. Given a written or practical exercise, identify the differences between extremist beliefs, terrorist activity, and acts/speech protected by the First Amendment.

3. Given a written or practical exercise identify the distinctions between and individual acting alone, domestic and international terrorist organizations and their supporters:

a. Background information

1. International

2. Domestic (Intra-national)

b. Strategies/current trends                                

1. Propaganda

2. Internet resources

3. Complex coordinated attacks intended to overwhelm the local jurisdiction and initiate a regional /statewide response

a. Three or more attackers

b. Simultaneous attack of two or more sites

c.  Other as identified

3. Primary objectives

4. Potential targets

Criteria: The trainee shall be tested on the following:

4.10.1. Define terrorism according to Title 18 U.S.C and applicable laws in the Code of Virginia.

4.10.2. Identify the difference between extremist beliefs, terrorist activity, and acts/speech protected by the First Amendment

4.10.3. Identify the distinctions between and individual acting alone, domestic and international terrorist organizations and their supporters:

4.10.3.1. Extreme political groups (Sovereign Citizens)

4.10.3.2. Race-based hate groups (White Supremacist, Black Separatists)   

4.10.3.3. Religious-based hate groups (Christian Identity, Westboro Baptist Church)

4.10.3.4. Special interest groups (anti-abortion, animal rights)

4.10.3.5. Foreign Terrorist Organizations (al Qaeda, ISIS, Boko Haram)

4.10.3.6. Identify the primary objectives of terrorists:

4.10.3.6.1. Recognition

4.10.3.6.2. Coercion

4.10.3.6.3. Intimidation

4.10.3.6.4. Provocation

4.10.3.6.5. Insurgency Support       

4.10.3.7. Potential targets

Lesson Plan Guide: The lesson plan shall include the following:

1. Define terrorism according to Title 18 U.S.C and applicable laws in the Code of Virginia.

2. Identify the difference between extremist beliefs and terrorist activity acts/speech protected by the First Amendment (i.e. subject has radical beliefs which are not a violation of law until they act upon them)

a. Identify the radicalization process and the behavioral factors influencing the process

b. Terrorist recruitment cycle and socialization activities

3. Identify the distinctions between and individual acting alone, domestic and international terrorist organizations and their supporters:

a. Extreme political groups (Sovereign Citizens)

b. Race-based hate groups (White Supremacist, Black Separatists)

c. Religious-based hate groups (Christian Identity, Westboro Baptist Church)

d. Special interest groups (anti-abortion, animal rights)

e. Foreign Terrorist Organizations (al Qaeda, ISIS, Boko Haram)

4. Identify types of organizations and individuals engaging in acts of terrorism.

a. Background information

1. International

2. Domestic (Intra-national)

b. Strategies/current trends                          

1. Propaganda

2. Internet resources

3. Complex coordinated attacks intended to overwhelm the local jurisdiction  and initiate a regional /statewide response

 a. Three or more attackers

 b. Simultaneous attack of two or more sites

c.  Primary objectives

d.  Potential targets 

Performance Outcome 4.11.

Identify common precursors associated with the production of hazardous devices accessible through legal and illegal means.

Training Objective Related to 4.11.

1.  Given a  written or practical exercise, identify common precursors associated with the production of hazardous devices and related equipment using legal and illegal resources:

a.  Chemical agents

b. Biological agents

c.  Radiological devices

d. Explosive devices

e. Weapons of mass destruction

2. Given a written or practical exercise, identify the responsibilities of the first officer on the scene of an act of terrorism.

Criteria: The trainee shall be tested on the following:

4.11.1. Identify common precursors associated with the production of hazardous devices and related equipment using legal and illegal resources:

4.11.1.1. Chemical agents

4.11.1.2. Biological agents

4.11.1.3. Radiological devices

4.11.1.4. Explosive devices

4.11.1.5. Weapons of mass destruction

4.11.2. Recognize and evaluate the situation.

4.11.3. Avoid and isolate the area.

4.11.4. Notify appropriate agencies and request assistance.

4.11.5. If and when determined, proceed to evacuate/shelter in place.

Lesson Plan Guide: The lesson plan shall include the following:

1. Identify common precursors associated with the production of hazardous devices and related equipment using legal and illegal resources:

a. Chemical agents

b. Biological agents

c. Radiological devices

d. Explosive devices

e. Weapons of mass destruction

2. Recognize and evaluate the situation.

3. Avoid and isolate the area.

4. Notify appropriate agencies and request assistance.

5. If and when determined, proceed to evacuate/shelter in place.

Performance Outcome 4.12.

Identify the impact of social media on today’s terrorism activities.

Training Objective Related to 4.12.

1. Given a written or practical exercise, identify the impact various forms of social media have on today’s terrorist activity.

Criteria: The trainee shall be tested on the following:

4.12.1 Identify the impact of social media on terrorist activities.

4.12.1.1. Monitor social media during the event, as applicable

4.12.1.2. Utilizing social media for distribution of information

Lesson Plan Guide: The lesson plan shall include the following:

1. Identify the impact of social media on terrorist activities.

a. Monitor social media during the event, as applicable

b. Utilizing social media for distribution of information

Performance Outcome 4.13.

Identify behavior(s) and indicators of suspicious non-criminal and criminal activity that may alert law enforcement to acts of terrorism and identify resources capable of providing assistance.

Training Objectives Related to 4.13.

1. Given a written or practical exercise, identify behavior(s) and indicators of suspicious non-criminal and criminal terrorist activity.

2. Given a written or practical exercise identify federal, state, and local resources.

Criteria: The trainee shall be tested on the following: 

4.13.1. Identify behaviors and indicators of suspicious non-criminal and criminal activities.

4.13.2. Identify federal, state, and local resources.

            4.13.2.1. Federal

                        4.13.2.1.1. Joint Terrorism Task Force

4.13.2.1.2. Terrorist Screening Center (TSC)

4.13.2.1.3. National Joint Terrorism Task Force

            4.13.2.2. State Police – Fusion Center 

            4.13.2.3. Local resources

Lesson Plan Guide: The lesson plan shall include the following:

1. Identify behavior(s) and indicators

a. Suspicious non-criminal

b. Criminal

2. Identify federal, state, and local resources.

a. Federal

1.  Joint Terrorism Task Force

2. Terrorist Screening Center (TSC)

3. National Joint Terrorism Task Force

b. State Police – Fusion Center  

c. Local resources